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2015 (3) TMI 1101

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..... e, as according to him, he was seriously ill and was suffering from high fever and in this regard, the records of his treatment in form of prescription given by CGHS Doctor as well as Private Physician has been placed on record. We have no reason to doubt the genuineness of these documents. - there is merit in the appellant's plea for waiver of the cost imposed by the Tribunal’s order - Decided in favour of assessee. - E/Misc/50606/2015 in Appeal No.E/500,501 & 568/2010-EX (DB) - Misc. Order No. 51110/2015 - Dated:- 30-3-2015 - Mr. Rakesh Kumar, Member (Technical) And Mr. S.K. Mohanty, Member (Judicial) For the Petitioner : Dr. Prabhat Kumar, Advocate, Shri S.S. Dabas, Advocate and Shri N. Mullick, Advocate For the Respondent .....

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..... at does not convince us to entertain when interest of Revenue is prejudiced by appellant. 4. It is also noticed that ld. Representative for Revenue is absence. His junior says that he is in out of the country. Notice is therefore hereby issued to Revenue to show cause why matter shall not be proceeded for hearing on the next date whether or not special counsel engaged by Revenue is present. 5. Call the matter on 25th July, 2014. 2. Heard both the sides in respect of misc. application. 3. Shri Prabhat Kumar, ld. Counsel for the appellants pointing out to the Chart enclosed with the misc. application pleaded that as is clear from the Chart, adjournment on two occasions only i.e. on 11.6.2010 and on 27.06.2014 had been gran .....

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..... request of the Appellant. On some occasions, directions were issued to the department for supply of relied upon documents as well as non-relied upon documents. The other occasion, on which the adjournment was granted on the appellant s request by the Bench was on 27.06.2014 when the matter was adjourned to 11.07.2014. On 11.07.2014, the appellants counsel could not come, as according to him, he was seriously ill and was suffering from high fever and in this regard, the records of his treatment in form of prescription given by CGHS Doctor as well as Private Physician has been placed on record. We have no reason to doubt the genuineness of these documents. 7. It is also seen from the record that that on 11.07.2014 even the Department s Sp .....

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